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king appropriations for the Military Establishment of the United States, in the year 1804, that they had agreed on a report, that the House of Representatives recede from their disagreement to the amendments of the Senate to the said bill.

The Senate resumed the second reading of the bill, entitled "An act to enable the President of the United States to make restitution to the owners of the Danish brigantine called the Henrick;" and after debate, the Senate adjourned.

TUESDAY, February 7.

FEBRUARY, 1804.

YEAS-Messrs. Adams, Bradley, Brown, Hillhouse, Logan, Olcott, Pickering, Plumer, John Smith, and Stone.

NAYS-Messrs. Anderson, Armstrong, Breckenridge, Baldwin, Cocke, Condit, Ellery, Franklin, Jackson, Maclay, Nicholas, Potter, Samuel Smith, Sumter, Venable, Wells, Worthington, and Wright.

On the question to agree to the original motion, it passed in the affirmative-yeas 21, nays 7, as follows:

YEAS-Messrs. Anderson, Armstrong, Breckenridge,
Baldwin, Cocke, Condit, Ellery, Franklin, Jackson, Lo-

gan, Maclay, Nicholas, Potter, Samuel Smith, Stone,
Sumter, Venable, Wells, Worthington, and Wright.
NAYS-Messrs. Adams, Bradley, Hillhouse, Olcott,
Pickering, Plumer, and John Smith.

The bill to ascertain the boundary of the lands reserved by the State of Virginia for the satisfaction of her officers and soldiers on Continental establishment, and to limit the period for locating Mr. NICHOLAS gave notice that he should tothe said lands, was read the second time, and re-morrow, at eleven o'clock, move for a call of the ferred to Messrs. WORTHINGTON, ANDERSON, and House. TRACY, to consider and report thereon to the Senate.

A message from the House of Representatives informed the Senate that the House recede from

WEDNESDAY, February 8.

Mr. BRECKENRIDGE, from the managers appointtheir disagreement to the first and second amended on the part of the Senate, to confer with those ments of the Senate, to the bill, entitled "An act of the House of Representatives, on their dismaking appropriations for the Military Establishment of the United States in the year 1804;" and the bill, entitled "An act giving effect to the laws agreement to the amendments of the Senate to insist on their disagreement to the last amend-of the United States, within the territories ceded ment to the said bill. They recede from their dis- to the United States by the treaty of the 30th of agreement to the seventeenth amendment of the April 1803, between the United States and the Senate to the bill, entitled "An act giving effect French Republic, and for other purposes," reportto the laws of the United States within the ter-ed that, having attended the conference, the manritories ceded to the United States by the treaty of the 30th of April, 1803, between the United States and the French Republic, and for other purposes; and agree thereto. They recede, in part, from their disagreement to the first and thirteenth amendments to the said bill, and agree thereto under the modifications proposed by the joint committee of conference, with a further amendment to the first section, in which they desire the concurrence of the Serate.

The Senate resumed the second reading of the bill erecting Louisiana in two Territories, and making provision for the temporary government thereof, and agreed to sundry amendments; and on motion to agree to a further amendment, as

follows:

"SEC. 7. All free male white persons, who are housekeepers, and who shall have resided one year at least in the said Territory, shall be qualified to serve as grand or petit jurors in the courts of the said Territory; and they shall, until the Legislature thereof shall otherwise direct, be selected in such manner as the judges of the said courts, respectively, shall prescribe, so as to be most conducive to an impartial trial, and to be least burdensome to the inhabitants of the said Territory"

A motion was made to strike out from the beginning, to the words "and they," inclusive, for the purpose of inserting, persons to serve as grand and petit jurors in the courts of the said Territory."

A division of the question was called for, and that it first be taken on striking out; and on the question, Shall these words be struck out? it was passed in the negative-yeas 10, nays 18, as follows:

agers had agreed to sundry modifications to the said amendments, which were read and in part adopted; and

The Senate took into consideration the further amendment proposed by the House of Representatives to the modification agreed on by the joint committee of conference; and,

Ordered, That it be postponed until to-morrow. Mr. MACLAY presented the petition of William T. Smith, now a citizen of the State of Pennsylvania, stating that he was a resident in the island of St. Eustatia, during the Revolutionary war, and shipped for the United States large quantities of woolen goods necessary for public supply; and which he sold for that purpose and received his compensation therefor in loan office certificates, which were mislaid or lost by casualty; and praying that provision may be made by law, he may be enabled to fund the amount; and the petition was read, and ordered to lie for consideration.

that

The Senate took into consideration their amendment, disagreed to by the House of Representatives, to the bill, entitled, "An act making appropriations for the Military Establishment of the United States in the year 1804;" and

Resolved, That they do recede therefrom.

The Senate resumed the second reading of the bill erecting Louisiana into two Territories, and making provision for the temporary government thereof; and having adopted a further amendment, Ordered, That the bill, as amended, be printed for the use of the Senate.

The Senate resumed the second reading of the

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SENATE.

killed by the Indians, while proceeding with a flag to the Indian territories, under the command of Major Truman, in the year 1798, and praying that the same relief may be extended to her orphan children as was provided for those of Major Truman; and the petition was read, and ordered to lie for consideration.

Mr. ADAMS presented the memorial of William A. Barron, a Captain in the Corps of Engineers, in the service of the United States, praying the allowance of his account, amounting to $109 50, for extra services, in executing certain instructions relative to the Corps of Engineers and Military Academy; and the memorial was read.

The Senate resumed the second reading of the bill erecting Louisiana into two Territories, and making temporary provision for the government thereof; and, on motion of Mr. ANDERSON, to amend the bill, by adding the following after the eleventh section:

"As soon as there shall be thousand free white male inhabitants, of full age, in the Territory, upon giving proof thereof to the Governor, they shall receive authority, with time and place, to elect Representatives from their counties or townships, to repre

Mr. BRADLEY, from the committee to whom was referred, on the third instant, the bill, entitled "An act continuing for a limited time the salaries of the officers of the Government therein mentioned," reported the same with an amend-sent them in the General Assembly: Provided, That

ment.

for every five hundred free, white, male inhabitants The Senate resumed the consideration of the there shall be one Representative; and so on progressmodifications reported by the managers of the ively with the number of free, white, male inhabitants, conference, on the first amendment of the Senate shall the right of representation increase, until the to the bill, entitled "An act giving effect to the number of Representatives shall amount to, after laws of the United States within the territories which the number and proportion of Representatives ceded to the United States by the treaty of the shall be regulated by the Legislature: Provided, That no person be eligible, or qualified to act, as a Repre30th of April, 1803, between the United States sentative, unless he shall have previously resided three and the French Republic, and for other purposes," years within the limits of the said Territory; and shall together with the resolutions of the House of Rep-likewise hold in his own right, in fee simple, one hunresentatives on the amendments.

Resolved, That they agree to the amendment proposed by the House of Representatives to their first amendment, in the following words, viz: At the end of the 25th line add "An act to establish a Mint, and regulate the coins of the United States;" "An act regulating foreign coins, and for other purposes; and the acts supplementary to, and amendatory of, the two last mentioned acts." They disagree to the proviso proposed to be added at the end of the same amendment, and they adhere to their first amendment, as above amended. Resolved, That they so far recede from their other amendments, disagreed to by the House of Representatives, as to agree to the modifications reported by the committee of conference thereon. The Senate resumed the second reading of the bill erecting Louisiana into two Territories, and providing for the temporary government thereof; and sundry motions for further amendment having been read,

Ordered, That they lie for consideration. After the consideration of the Executive business, and the adjournment of the High Court of Impeachments, the Senate adjourned.

FRIDAY, February 10.

Mr. JOHN SMITH presented the petition of Nancy Flinn, of Ohio, stating that her husband was

dred acres of land, or, in like manner, possess a house and lot in the city of New Orleans: Provided, also, That a freehold of fifty acres of land in the Territory, and a residence within its limits for one year previous to its formation, shall be necessary to qualify a man as an Elector or a Representative.

"SEC. The Representatives thus elected shall serve for the term of two years; and, in case of the death of a Representative, or removal from office, the Governor shall issue a writ to the county or township for which he is a member, to elect another in his stead, to serve for the residue of the term.

-.

"SEC. The General Assembly, or Legislature, shall consist of the Governor, Legislative Council, and a House of Representatives; the Legislative Council shall consist of members, to continue in office five years, unless removed by the President, any of whom to be a quorum; and the members of the Council shall be nominated and appointed in the following manner, to wit: As soon as Representatives shall be elected, the Governor shall appoint a time and place for them to meet together, and when met, they shall nominate persons, residents in the Territory, and each possessed of a freehold in hundred acres of of land, and return their names to the President, whom he shall nominate, and, by and with the advice and consent of the Senate, appoint and commission; and, whenever a vacancy shall happen in the Council, by death, resignation, or removal from office, the House of Representatives shall nominate two persons, qualified as aforesaid, for each vacancy, and return their

SENATE.

Proceedings.

FEBRUARY, 1804.

trict one fit person qualified as aforesaid:"

It passed in the negative-yeas 13, nays 13, as follows:

YEAS-Messrs. Adams, Anderson, Breckenridge, Cocke, Condit, Hillhouse, Maclay, Pickering, Plumer, John Smith, Venable, Wells, and Worthington.

names to the President, one of whom he shall, in man- manner, of holding said elections, and of making the ner aforesaid, appoint and commission for the residue of returns thereof; and in case the inhabitants of any of the term; and every five years, four months at least the said districts shall refuse or neglect to make an before the expiration of the time of service of the mem-election, the Governor shall then select from each disbers of Council, the said House shall nominate persons, qualified as aforesaid, and return their names to the President, of whom he shall, in manner aforesaid, appoint and commission to serve as members of Council five years, unless sooner removed. And the Governor, Legislative Council, and House of Representatives, shall have authority to make laws, in all cases, for the good government of the district, not repugnant to, nor inconsistent with, the Constitution and laws of the United States. And all bills, having passed by a majority in the House of Representatives, and by a majority in the Council, shall be referred to the Governor for his assent: but no bill or Legislative act whatever shall be of any force without his consent. The Governor shall have power to convene, prorogue, and dissolve the General Assembly when, in his opinion, it shall be expedient."

And, on the question to agree to this amendment, it passed in the negative-yeas 5, nays 19, as follows:

YEAS-Messrs. Adams, Anderson, Cocke, Condit, and Worthington.

NAYS-Messrs. Armstrong, Baldwin, Bradley, Breckenridge, Brown, Dayton, Ellery, Franklin, Hillhouse, Jackson, Olcott, Pickering, Potter, John Smith, Samuel Smith, Stone, Sumter, Venable, and Wright.

NAYS Messrs. Armstrong, Baldwin, Bradley, Brown, Dayton, Franklin, Jackson, Logan, Nicholas, Potter, Samuel Smith, Sumter, and Wright.

And, having agreed to sundry amendments, Ordered, That the bill pass to the third reading as amended.

The Senate resumed the consideration of the amendment reported by the committee to the bill, entitled "An act continuing, for a limited time, the salaries of the officers of Government therein mentioned ;" and, on the question to agree to the amendment, it passed in the negative-yeas 11, nays 16, as follows:

YEAS-Messrs. Anderson, Bradley, Condit, Dayton, Jackson, Maclay, Potter, Israel Smith, John Smith, Wells, and Wright.

NAYS-Messrs. Armstrong, Baldwin, Breckenridge, Brown, Franklin, Hillhouse, Logan, Nicholas, Olcott, Pickering, Plumer, Samuel Smith, Stone, Sumter, Ven

And, having gone through the bill as in Com-able, and Worthington. mittee of the Whole,

Ordered, That the consideration thereof be further postponed.

On motion,

Ordered, That the Secretary subscribe for one copy of the plan and view of Louisiana, by T. L. Boquet de Woiseri, to be hung up in the Senate Chamber, the subscription money to be defrayed by the Secretary, from the contingent fund of the Senate.

MONDAY, February 13.

Mr. JACKSON gave notice that he should, tomorrow, ask leave to bring in a bill to erect a light-house on the south end of St. Simon's island, in the State of Georgia, and for the placing of a buoy or buoys on St. Simon's bar.

The Senate resumed the second reading of the bill erecting Louisiana into two Territories, and making provision for the temporary government thereof; and, on motion to amend the 4th section, by striking out the words " by the Governor, from among those holding real estate therein, and who shall have resided one year at least in the said Territory, and hold no office of profit under the Territory or the United States," for the purpose of inserting:

"The Governor shall lay off the said Territory into twenty-four convenient districts, from each of which the free male householders, residents therein, shall annually elect one discreet person, who shall have resided one year, at least, therein, and who holds no office of profit under the Territory, or the United States. The Governor shall, until the Legislature of the Territory shall otherwise direct, prescribe the time, place, and

Ordered, That this bill pass to a third reading. Mr. SAMUEL SMITH notified the Senate that he would, to-morrow, call up the bill, entitled "An act to enable the President of the United States to make restitution to the owners of the Danish brigantine called the Henrick."

After the adjournment of the High Court of Impeachments, the Senate adjourned.

TUESDAY, February 14.

The Senate resumed the second reading of the bill, entitled "An act to enable the President of the United States to make restitution to the owners of the Danish brigantine called the Henrick ;" and, on the question, Shall this bill pass to the third reading? it was determined in the negative. So the bill was lost.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act for the relief of certain military pensioners in the State of South Carolina;" a bill, entitled "An act to reduce the Marine Corps of the United States;" a bill, entitled "An act for the relief of Samuel Corp;" also, a resolution for the appointment of a committee to join with such committee as the Senate may appoint on their part, to consider and report what business is necessary to be done by Congress in the present session, and when it may be expedient to close the same; in which bills and resolution, respectively, they desire the concurrence of the Senate.

The bill, entitled "An act for the relief of Samuel Corp," was read, and ordered to the second reading.

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The bill, entitled "An act to reduce the Marine Corps of the United States," was read. On the question, Shall this bill pass to the second reading? it was determined in the negative. So the bill was lost.

The bill, entitled "An act for the relief of certain military pensioners in the State of South Carolina," was read, and ordered to the second reading.

SENATE.

The PRESIDENT communicated the report of the Secretary for the Department of War, on the memorial of William A. Barron; made in conformity to the order of the Senate of the 10th instant; and the report was read.

Ordered, That it be referred, together with the petition and papers accompanying it, to Messrs. ADAMS, BRADLEY, and DAYTON, to consider and report thereon to the Senate.

Agreeably to notice given yesterday, Mr. JACKSON requested and obtained leave to bring in a bill to erect a light-house on the south end of St. Simon's island, in the State of Georgia," and for the placing of a buoy or buoys on St. Simon's bar; and the bill was read, and ordered to a second-yeas 20, nays 7, as follows: reading.

The bill, entitled "An act continuing, for a limited time, the salaries of the officers of Government therein mentioned," was read the third time; and on the question to agree to the final passage of this bill, it was determined in the affirmative,

WEDNESDAY, February 15.

The bill to erect a light-house on the south end of St. Simon's island, in the State of Georgia, and for the placing of a buoy or buoys on St. Simon's bar, was read the second time, and referred to Messrs. JACKSON, PICKERING, and BALDWIN, to consider and report thereon to the Senate.

The bill, entitled "An act for the relief of Samuel Corp," was read the second time, and referred to Messrs. SAMUEL SMITH, BRECKENRIDGE, and BALDWIN, to consider and report thereon to the Senate.

The bill, entitled "An act for the relief of certain military pensioners in the State of South Carolina, was read the second time, and referred to Messrs. SUMTER, FRANKLIN, and BALDWIN, to consider and report thereon to the Senate.

The Senate took into consideration the resolution of the House of Representatives for the appointment of a joint committee to consider and report what business is necessary to be done by Congress in the present session, and when it may be expedient to close the same; and

Resolved, That they do concur therein, and that Messrs. BRECKENRIDGE, ANDERSON, and NICHOLAS, be the committee on the part of the Senate.

On motion, by Mr. JACKSON, that the Senate do adopt the following resolution:

Resolved, That the Secretary of the Navy be directed to report to this House the present general statement of the receipts and expenditures of the commanding officer of the Marine Corps:

Ordered, That this motion lie for considera

tion.

Mr. SAMUEL SMITH, from the committee to whom the subject was referred, on the 19th of January last, requested and obtained leave to report a bill relating to the recording, registering, and enrolling of ships and vessels in the district of Orleans; and the bill was read, and ordered to the second reading.

Mr. ANDERSON, from the committee to whom was referred, on the 2d instant, the bill, entitled "An act supplementary to an act, entitled 'An act to incorporate the inhabitants of the City of Washington, in the District of Columbia," reported sundry amendments thereto; which were read. Ordered, That they lie for consideration.

YEAS-Messrs Adams, Anderson, Armstrong, Baldwin, Breckenridge, Brown, Cocke, Dayton, Franklin, Logan, Nicholas, Olcott, Pickering, Potter, Israel Smith, John Smith, Samuel Smith, Sumter, Venable, and Wright.

NAYS-Messrs. Condit, Ellery, Hillhouse, Maclay, Plumer, Tracy, and Wells.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act authorizing the appointment of commissioners to explore the routes most eligible for opening certain public roads," in which they desire the concurrence of the Senate.

The bill last mentioned was read, and ordered to the second reading.

The Senate proceeded to the third reading of the bill, entitled "An act further to amend the act, entitled 'An act to lay and collect a direct tax within the United States;" and, sundry amendments having been proposed,

Ordered, That the bill, together with the proposed amendments, be referred to Messrs. BRADLEY, TRACY, ANDERSON, ARMSTRONG, and VENABLE, to consider and report thereon to the Senate.

They proceeded to the third reading of the bill erecting Louisiana into two Territories, and making provision for the temporary government thereof; and sundry amendments were adopted ; and, on motion, the Senate adjourned.

THURSDAY, February 16.

Mr. SAMUEL SMITH, from the committee to whom was referred, on the 15th instant, the bill, entitled "An act for the relief of Samuel Corp," reported it without amendment.

The bill, entitled "An act authorizing the appointment of commissioners to explore the routes most eligible for opening certain public roads," was read the second time, and referred to Messrs. JOHN SMITH, ANDERSON, and BRECKENRIDGE, to consider and report thereon to the Senate.

The bill relating to the recording, registering, and enrolling of ships and vessels in the district of Orleans, was read the second time.

The Senate resumed the third reading of the bill erecting Louisiana into two Territories, and making provision for the temporary government thereof; and, having agreed to sundry further amendments, on motion, the Senate adjourned.

SENATE.

FRIDAY, February 17.

Proceedings.

The Senate resumed the second reading of the bill relating to the recording, registering, and enrolling of ships or vessels in the district of Orleans. Ordered, That this bill pass to a third reading. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to amend the charter of Alexandria," in which they desire the concurrence of the Senate.

The Senate resumed the third reading of the bill erecting Louisiana into two Territories, and making provision for the temporary government thereof; and on motion to amend the bill, by striking out of section 10th, the words:

"And no slave or slaves shall, directly or indirectly, be introduced into said Territory, except by a citizen of the United States removing into said Territory for actual settlement, and being at the time of such removal bona fide owner of such slave or slaves :"

It passed in the negative-yeas 9, nays 19, as follows:

YEAS-Messrs. Anderson, Baldwin, Cocke, Dayton, Nicholas, John Smith, Stone, Venable, and Wright.

NAYS-Messrs. Armstrong, Bradley, Breckenridge, Brown, Condit, Ellery, Franklin, Hillhouse, Jackson, Logan, Maclay, Olcott, Plumer, Potter, Israel Smith, Samuel Smith, Sumter, Wells, and White.

On motion, to expunge from the same section, after the word "slaves," the words "and every slave imported or brought into said Territory, contrary to the provisions of this act, shall thereupon be entitled to and receive his or her freedom. :" It passed in the negative-yeas 11, nays 17, as follows:

YEAS-Messrs. Anderson, Armstrong, Baldwin, Breckenridge, Cocke, Dayton, Jackson, Nicholas, Stone, Sumter, and Venable.

NAYS-Messrs. Bradley, Brown, Condit, Ellery, Franklin, Hillhouse, Logan, Maclay, Olcott, Plumer, Potter, Israel Smith, John Smith, Samuel Smith, Wells, White, and Wright.

On motion to insert, in the same section, line 3d, after the word "States," the words 66 or from any State authorizing the importation of slaves from any foreign port or place:"

It passed in the negative-yeas 8, nays 13, as follows:

YEAS-Messrs. Brown, Hillhouse, Logan, Olcott, Plumer, John Smith, White, and Wright.

NAYS-Messrs. Anderson, Armstrong, Baldwin, Bradley, Breckenridge, Cocke, Condit, Dayton, Ellery, Franklin, Jackson, Maclay, Nicholas, Potter, Israel Smith, Samuel Smith, Sumter, and Venable.

And having further amended the bill, and filled the blanks, it was agreed that the question on its final passage be postponed until to-morrow. The following Message was received from the PRESIDENT OF THE UNITED STATES: To the Senate and House of

Representatives of the United States: Information having been received some time ago that the public lands in the neighborhood of Detroit required particular attention, the agent appointed to transact business with the Indians in that quarter was instructed

FEBRUARY, 1804.

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The bill entitled "An act to amend the charter of Alexandria," was read, and, by unanimous consent, the rule was dispensed with, and the bill was WRIGHT, VENABLE, and ANDERSON, to consider read the second time, and referred to Messrs. and report thereon to the Senate.

Mr. JACKSON, from the committee to whom was referred, on the 15th instant, the bill to erect a light-house on St. Simon's island, in the State of Georgia, and for the placing a buoy or buoys on St. Simon's bar, reported amendments thereto; which were read.

Ordered, That they lie for consideration.

The bill relating to the recording and enrolling read the third time and amended. of ships or vessels in the district of Orleans, was

and that the title thereof be "An act relating to Resolved, That this bill pass, that it be engrossed, the recording, registering, and enrolling of ships or vessels in the district of Orleans."

Ordered, That the petition of Nancy Flinn, presented on the 10th instant, be referred to Messrs. JOHN SMITH, LOGAN, and BRECKENRIDGE, to consider and report thereon to the Senate.

The Senate resumed the third_reading of the bill erecting Louisiana into two Territories, and making provision for the temporary government thereof; and on the question to agree to the final passage of this bill, it was determined in the affirmative-yeas 20, nays 5, as follows:

YEAS-Messrs. Anderson, Armstrong, Baldwin, Bradley, Breckenridge, Brown, Cocke, Condit, Ellery, Franklin, Jackson, Logan, Maclay, Nicholas, Potter, John Smith, Samuel Smith, Sumter, Venable and Wright.

NAYS-Messrs. Adams, Hillhouse, Olcott, Plumer, and Stone.

So it was Resolved, That this bill pass, that it be engrossed, and that the title thereof be "An act erecting Louisiana into two Territories, and making provision for the temporary government thereof."

Mr. NICHOLAS gave notice that he should, on Monday next, ask leave to bring in a bill to amend an act relative to the election of a President and Vice President of the United States, and declaring the officer who shall act as President in case of vacancies in the offices both of Presideut and Vice President.

Mr. LOGAN notified the Senate he should, on Monday next, ask leave to bring in a bill laying a duty on slaves imported into the United States.

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